State v. Fisk
North Dakota Supreme Court
Appeal from District Court, Ransom county; Allen, J. Walter Fisk was indicted for assault. Verdict of not guilty, and the state appeals. Injury to the feelings of a woman may be outraged by one who is incompetent as by one not. Territory v. Keyes, 5 Dak. 244, 38 N. W. 440. Being under 14 years of age is not a defense to the charge of assault with intent to commit rape.
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Appeal from District Court, Ransom county; Allen, J. Walter Fisk was indicted for assault. Verdict of not guilty, and the state appeals. Injury to the feelings of a woman may be outraged by one who is incompetent as by one not. Territory v. Keyes, 5 Dak. 244, 38 N. W. 440. Being under 14 years of age is not a defense to the charge of assault with intent to commit rape. Commonwealth v. Green, 2 Pick. 380. Impotency is a defense to the charge of rape, but not to an assault with intent to commit that crime. Whart. Crim. Law (8tli Ed.) section 552; 1 Bish. Crim. Law, sections 737-738; Barb. Crim.…
1Opinion of the CourtYoung, J.
An information was filed by the state’s attorney of Ransom county, charging the defendant with the crime of assault with intent to commit rape. The testimony disclosed that the prosecutrix was a married woman 20 years of age, who had been married at the age of 16 and was the mother of two children, and that the defendant at the date of the alleged attempt was under 14 years of age. The court instructed the jury that under the evidence the defendant could not be found guilty of assault with intent to commit rape, and that the only offense for which he could be convicted was a simple assault,…
2Cases cited12 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Foster v. CommonwealthSupreme Court of Virginia · 1898
- Angelo v. PeopleIllinois Supreme Court · 1880
- State v. AdamsSupreme Court of Missouri · 1882
- Heilman v. CommonwealthCourt of Appeals of Kentucky · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
- Anderson v. M.C.H.North Dakota Supreme Court · 2001
- In Re MCHNorth Dakota Supreme Court · 2001
- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953